Free Order on Motion for Extension of Time to Complete Discovery - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

Document 64

Filed 12/14/2007

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In the United States Court of Federal Claims
No. 05-776C (Filed: December 14, 2007) ************************************* AG-INNOVATIONS, INC., * LARRY FAILLACE, LINDA FAILLACE, * and HOUGHTON FREEMAN, * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER On November 28, 2007, defendant filed its Second Motion for Enlargement of Time for Defendant to Complete Discovery. Defendant requests an enlargement of seventy-eight (78) days, to and including February 29, 2008, within which to complete discovery. The deadline for discovery in this case was December 13, 2007. Defendant asserts that it requires additional time to complete discovery due to plaintiffs' proposed addition of three new plaintiffs, and it represents that plaintiffs do not consent to this request for an enlargement. On December 10, 2007, plaintiffs filed their Response to Defendant's Second Motion for Enlargement of Time for Defendant to Complete Discovery. Plaintiffs acknowledge that they initially intended to oppose defendant's motion; however, they represent that they are now willing to consent to a discovery extension. The primary reason plaintiffs cite for consenting to an enlargement of time is that they recently learned, for the first time, of the existence of additional documents in their possession that are responsive to defendant's document request. In ruing on defendant's motion, the court takes no position as to the parties' general conduct and defendant's specific allegations that plaintiffs' counsel is interfering with or delaying the discovery process. Accordingly, the court grants defendant's motion for enlargement of time to complete discovery. Discovery shall conclude no later than February 29, 2008.

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Case 1:05-cv-00776-MMS

Document 64

Filed 12/14/2007

Page 2 of 2

IT IS SO ORDERED. s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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